Jesse Witten Quoted in BNA’s Health Law Reporter on HHS Lawsuit

Washington, D.C. partner Jesse Witten was quoted in a Health Law Reporter article titled “Charity Fights Back Against HHS Restrictions on Pharma Donors.”

Jesse commented on a suit filed by Patient Services Inc. (PSI) against the Department of Health and Human Services after the HHS Office of Inspector General modified an advisory opinion that the OIG had issued to PSI. PSI claims that the advisory opinion bars the charity from discussing current or new disease treatments and their effects, and violates its right to free speech. Jesse noted that “[i]t’s an innovative lawsuit” and that other charities and pharmaceutical companies are likely to be watching closely.

The case, which Jesse observed “may get to a resolution soon,” could have a significant impact on the patient assistance program industry if successful. The article noted that the U.S. Department of Justice is currently investigating whether pharmaceutical manufacturer donations to patient assistance charities violate the Anti-Kickback Statute.